IACHR condemns arbitrary revocation of nationality of 135 recently released prisoners in Nicaragua

September 13, 2024

Washington, D.C. — The Inter-American Commission on Human Rights (IACHR) takes note of the release of 135 people considered opponents of Daniel Ortega's regime. However, the Commission condemns the arbitrary deprivation of their Nicaraguan nationality and the confiscation of their property.

On September 5, 2024, these 135 individuals who remained arbitrarily detained in Nicaragua under dire conditions and, with reports of alleged torture and ill-treatment, were released from prison and transferred to Guatemala. The IACHR commended the efforts of the United States and Guatemala to receive the released individuals and provide medical and humanitarian aid.

On September 10, 2024, the Nicaraguan Supreme Court revoked the Nicaraguan nationality of these individuals and ordered the confiscation of their assets. This ruling is based on Law No. 1055, the Law for the Defense of the People's Rights to Independence, Sovereignty, and Self-Determination for Peace, and Special Law No. 1145, which regulates the loss of Nicaraguan nationality, among other matters.

The IACHR condemns the fact that these releases were accompanied by the arbitrary deprivation of Nicaraguan nationality and the confiscation of property of these victims of statelessness. This measure constitutes one of the most severe forms of repression currently employed by the regime, as it has profound consequences for these people and their families, leaving them in a situation of extreme vulnerability. Since 2023, more than 450 people deemed political opponents have had their nationality revoked arbitrarily.

In Resolution 2/23 on the right to nationality, the prohibition of arbitrary deprivation of nationality, and statelessness, the IACHR affirmed that nationality is a fundamental and inalienable right. The arbitrary deprivation of nationality violates international law—particularly when used as a political punishment—including the American Convention on Human Rights and the Convention on the Reduction of Statelessness, both of which Nicaragua has ratified.

The IACHR calls on the Nicaraguan government to restore the right to nationality, end the ongoing repression in the country, and release all individuals who remain arbitrarily detained. This includes Indigenous leaders from the Caribbean coast who have been granted protective measures by the bodies of the Inter-American System of Human Rights.

Finally, the IACHR encourages the States in the Americas to adopt or strengthen mechanisms of regional cooperation and shared responsibility to support and identify stateless individuals. Such initiatives include measures to ensure stateless individuals receive the special protection they need by guaranteeing access to their territories and the procedures required to obtain international protection—including refugee status—and inclusion policies to integrate these individuals into society without discrimination.

The IACHR is a principal and autonomous body of the Organization of American States (OAS), whose mandate stems from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has the mandate to promote the observance and defense of human rights in the region and acts as an advisory body to the OAS on the matter. The IACHR is made up of seven independent members who are elected by the OAS General Assembly in their personal capacity, and do not represent their countries of origin or residence.

No. 217/24

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